Opinion
No. 54/82.
02-25-1924
SUPREME LODGE OF THE WORLD, LOYAL ORDER OF MOOSE, et al. v. IMPROVED BENEVOLENT PROTECTIVE ORDER OF MOOSE OF THE WORLD et al.
Thompson & Hanstein, of Atlantic City, for complainants.
Bill by the Supreme Lodge of the World. Loyal Order of Moose, and others against the Improved Benevolent Protective Order of Moose of the World and others. Decree for complainants advised.
Thompson & Hanstein, of Atlantic City, for complainants.
INGERSOLL, V. C. This is a suit brought by the "Supreme Lodge of the World, Loyal Order of Moose." a corporation, to restrain the "Improved Benevolent Protective Order of Moose of the World" "from in any form or manner whatsoever using the word 'Moose,' as a distinct name, or any part of their names, or the name of any organization or society in a subordinate lodge, and from using the word 'Moose' as part, or in connection with any, benevolent or fraternal corporation, association, club, or society, or as a part of the name, or in connection with the name, of any subordinate lodge, association, club, or society, which the defendants, Improved Benevolent Protective Order of Moose of the World and Ridley Chapter No. 9 thereof, their officers, agents, servants, or employees or members of said organization, or any of the other defendants herein named may organize; and that the defendants be restrained from soliciting or inducing anyperson or persons to join any organization using the word 'Moose' as part of its name." An answer was filed, but no defense presented at the final hearing.
The facts in this case, which are unnecessary to now state, are very similar to Benevolent & Protective Order of Elks v. Improved Benevolent & Protective Order of Elks of the World, 205 N. Y. 459, 98 N. E. 756, L. R. A. 1915B, 1074, Ann. Cas. 1913E, 639.
Following the reasoning in that case, a decree in favor of complainants will be advised.